Philadelphia Criminal Defense Immigration
Criminal misconduct committed by non-citizens might result in removal from the United States. The only persons who can feel secure that they will not be removed in any circumstance are United States citizens. A person of any other status, whether visitor, overstay, entry without inspection, or legal permanent resident may be faced with removal if convicted of certain crimes.
Criminal or fraudulent misconduct can lead to quite harsh and severe consequences within our country’s immigration system. Even a minor misdemeanor can sometimes result in detention without bond, deportation, or denial of naturalization. Similarly, the use of fraudulent documentation and other forms of misrepresentations can result in similar outcomes. Furthermore, although you may not have a “conviction” resulting from your municipal or state charge, you may nevertheless have a “conviction” for immigration purposes. Once your crime comes to the attention of the immigration authorities, you may then be placed into removal proceedings. Therefore, if you are trying to immigrate to the United States, (trying to obtain a green card or looking to become a United States resident), it is important to know the effect of your conviction or misconduct and how it can potentially implicate your immigration efforts. At The Law Offices of Greg Prosmushkin, P.C. our lawyers offer expert legal representation in Immigration Court, and before the United States Citizenship and Immigration Service (USCIS).
The harshest penalties are reserved for a category of crimes known as “aggravated felonies.” Examples include: murder, rape, drug trafficking, money laundering, arson, crimes of violence for which the term of imprisonment imposed is at least 1 year, theft offenses, bribery, counterfeiting, forgery, and perjury. Certain other crimes, even if they are not considered to be aggravated felonies, may nevertheless subject you to removal from the United States. This may be the case even if the crime is committed outside of this country.
The Immigration and Customs Enforcement detainer often comes as a surprise to those who are not represented. One unfortunately common story is that of a foreign national who takes what appears to be a good plea deal on a minor conviction, which, by virtue of a technicality, allows the Department of Homeland Security to detain that person after they have served their sentence. The foreign national thinks they are going home after release, when in fact they are going to immigration prison.
Once a Notice to Appear (the charging document in removal cases) has been issued, it is essential that you reach out to an attorney. Depending on your status, the nature of your offense, and your ties to the United States, our attorneys may be able to mount a defense which allows you to stay here, and even get status. If you are not a U.S. Citizen, and you face Criminal Charges or have criminal convictions, our lawyers can help you. Removal cases based on convictions are serious matters, and in them you should always be represented by a lawyer.
The current political climate has made the United States a scary place for green card holders and other non-citizens when it comes to criminal convictions. The current administration has promised to be “tough on immigration” even though we haven’t seen any drastic changes yet. Politicians are battling back and forth regarding policy and legislation as it pertains to immigration. It is impossible to tell when or how the issues in Washington will be resolved, but we can guarantee that the immigration lawyers at The Law Offices of Greg Prosmushkin, P.C. will remain current and educated about the potential changes in our nation’s immigration laws.
Our Attorneys can advise you on the immigration consequences of any conviction or criminal charges lodged that may have been against you or a loved one. We stand ready to represent you, and fight to help you attempt to avoid removal or deportation.
Don’t be tricked into thinking that, because you have your green card, you can’t be removed from the United States. Contact our Philadelphia Immigration Attorneys online, or call 215-673-7733 (Philadelphia) or 609-656-0909 in New Jersey to schedule a free initial consultation to discuss your situation.
This content was written on behalf of Greg Prosmushkin.